TANU GOEL Vs. GIRISH CHOPRA

JUDGEMENT

(1.) The two plaintiffs have sued for specific performance of an Agreement of Sale of third floor along with terrace rights of property No.9, Sukhdev Vihar, New Delhi constructed over land admeasuring 450 sq. yds, together with one servant quarter having common WC on the terrace floor and one car parking space in the drive way, and in the alternative, for recovery, of Rs.1 crore already paid as advance to the three defendants and Rs.3,25,00,000/- as damages, pleading:

(2.) Summons of the suit and notice of the application for interim relief were issued. After hearing the counsel for the defendants, the defendants were vide order dated 31st March, 2011 restrained from creating any third party interest and/or parting with possession of the property agreed to be sold. The said ad interim order was vide subsequent order dated 6th April, 2011 confirmed subject to the plaintiffs depositing an FDR of Rs.34 lakhs in favour of the Registrar General of this Court. FAO(OS) No.342/2011 preferred by the defendants against the said order was dismissed vide order dated 19th July, 2011. The plaintiffs have complied with the said condition.

(3.) The defendants have contested the suit by filing a common written statement pleading: